William Hampton v. Federal Correctional Complex
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999622019-2]; denying other pending Motions [999655495-2], [999655487-2], [999655484-2], [999655481-2], d[999655477-2]; [999655491-2] as moot. Originating case number: 1:15-cv-00464-CMH-TCB. Copies to all parties and the district court. [999671949]. Mailed to: William Hampton. [15-6890]
Appeal: 15-6890
Doc: 18
Filed: 10/05/2015
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6890
WILLIAM DOUGLAS HAMPTON,
Petitioner – Appellant,
v.
FEDERAL CORRECTIONAL COMPLEX; ERIC D. WILSON, Warden;
MAURICE DANZEY, Associate Warden; L. HUMPHREY, Recreation
Supervisor; R. SPEARS, Education Supervisor; R. HUTCHINGS,
Associate
Warden;
D.
DICOCCO,
Health
Services
Administration; M. REYNOLDS, Director of Psychology; P.
HILLETEWORK, Mid-Level Practitioner; S. HARRIS, Legal
Administrator; A. LEWIS, Associate Warden; K. KIDDY, Unit
A/B Manager,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:15-cv-00464-CMH-TCB)
Submitted:
September 10, 2015
Decided:
October 5, 2015
Before DUNCAN, DIAZ, and HARRIS, Circuit Judges.
Vacated and remanded with instructions by unpublished per curiam
opinion.
William Douglas Hampton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-6890
Doc: 18
Filed: 10/05/2015
Pg: 2 of 3
PER CURIAM:
William Douglas Hampton appeals the district court’s order
denying relief on his motion to present evidence.
The district
court construed Hampton’s motion as a 28 U.S.C. § 2241 (2012)
petition and dismissed it because the relief Hampton sought was
not cognizable under § 2241.
analysis
regarding
§ 2241
While the district court’s legal
was
correct,
we
conclude
from
our
review of the record that Hampton was attempting to file his
motion
as
part
of
his
ongoing
declaratory
rather than as a new § 2241 action.
judgment
action, *
We therefore grant leave to
proceed in forma pauperis, vacate the district court’s order,
and remand with instructions to strike the § 2241 action, No.
1:15-cv-00464,
transferring
pending
from
all
the
of
declaratory
district
Hampton’s
judgment
court’s
motions
action,
to
No.
the
docket
docket
after
of
1:15-cv-00318.
express no opinion regarding the merits of the latter case.
deny
as
moot
all
of
Hampton’s
motions
filed
in
this
his
We
We
court,
including his motions for declaratory judgment, for discovery,
to enjoin, to raise a judicial question, to present exhibits,
and to present government grievances.
We dispense with oral
argument because the facts and legal contentions are adequately
*
See Hampton v. Fed. Corr. Complex Petersburg, No. 1:15-cv00318-CMH-TCB (E.D. Va.).
2
Appeal: 15-6890
Doc: 18
Filed: 10/05/2015
Pg: 3 of 3
presented in the materials before this court and argument would
not aid the decisional process.
VACATED AND REMANDED WITH INSTRUCTIONS
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?